BILL NUMBER: AB 1342	CHAPTERED  10/10/99

	CHAPTER   608
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 1, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JUNE 30, 1999
	AMENDED IN SENATE   JUNE 8, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Granlund

                        FEBRUARY 26, 1999

   An act to amend Sections 8761, 8765, 8773.1, and 8773.4 of the
Business and Professions Code, and to amend Section 1092 of the Civil
Code, relating to real property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1342, Granlund.  Real property.
   (1) Existing provisions of the Professional Land Surveyors' Act
require every map, plat, report, description, or other document
issued by a licensed land surveyor or registered civil engineer to
comply with certain record of survey requirements, as specified,
whenever the map, plat, report, description, or any other document is
filed as a public record.
   This bill would, instead, require every map or plat issued by a
licensed land surveyor or registered civil engineer to show the
bearing and length of lines, scale of map and north arrow, the name
and legal designation of the property depicted, and the date or time
period of the preparation of the map or plat.
   A violation of the act is a misdemeanor.  In revising the elements
of an existing crime, the bill would impose a state-mandated local
program.
   (2) Existing provisions of the Professional Land Surveyors' Act
specify when a record of survey is not required.
   This bill would also provide that a record of survey is not
required when a survey is made of a mobilehome park interior lot,
with certain exceptions.
   (3) Existing law requires the Board for Professional Engineers and
Land Surveyors, by regulation, to provide and prescribe information
necessary to be included in the corner record.
   This bill would require the corner record to be a single 8.5 by 11
inch sheet which may consist of a front and back page.  It would
also exempt from certain record of survey and corner record
requirements a survey of a mobilehome park interior lot, with certain
exceptions.
   (4)  That form provides that if the land has a descriptive name it
may be described in the deed by that name.
   This bill would make technical changes in the form.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8761 of the Business and Professions Code is
amended to read:
   8761.  Any licensed land surveyor or registered civil engineer may
practice land surveying and prepare maps, plats, reports,
descriptions, or other documentary evidence in connection therewith.
All maps, plats, reports, descriptions, or  other documents issued
by the licensed land surveyor or registered civil engineer shall be
signed by the surveyor or engineer to indicate the surveyor's or
engineer's responsibility for them.  In  addition to the signature,
the map, plat, report, description, or other document shall bear the
seal or stamp of the licensee or registrant and the expiration date
of the license or registration.  If the map, plat, report,
description, or other document has multiple pages or sheets, the
signature, seal or stamp, and expiration date of the license or
registration need only appear on the originals of the map or plat and
on the title sheet of the report, description, or other document.
   Every map or plat issued by a licensed land surveyor or registered
civil engineer shall show the bearing and length of lines, scale of
map and north arrow, the name and legal designation of the property
depicted, and the date or time period of the preparation of the map
or plat.
   It is unlawful for any person to sign, stamp, seal, or approve any
map, plat, report, description, or other document unless the person
is authorized to practice land surveying.
  SEC. 1.5.  Section 8765 of the Business and Professions Code is
amended to read:
   8765.  A record of survey is not required of any survey:
   (a) When it has been made by a public officer in his or her
official capacity and a reproducible copy thereof, showing all data
required by Section 8764, except the recorder's statement, has been
filed with the county surveyor of the county in which the land is
located.  Any map so filed shall be indexed and kept available for
public inspection.
   (b) Made by the United States Bureau of Land Management.
   (c) When a map is in preparation for recording or shall have been
recorded under the provisions of the Subdivision Map Act.
   (d) When the survey is a retracement of lines shown on a
subdivision map, official map, or a record of survey, where no
material discrepancies with those records are found and sufficient
monumentation is found to establish the precise location of property
corners thereon, provided that a corner record is filed for any
property corners which are set or reset or found to be of a different
character than indicated by prior records.  For purposes of this
subdivision, a "material discrepancy" is limited to a material
discrepancy in the position of points or lines, or in dimensions.
   (e) When the survey is a survey of a mobilehome park interior lot
as defined in Section 18210 of the Health and Safety Code, provided
that no subdivision map, official map, or record of survey has been
previously filed for the interior lot or no conversion to residential
ownership has occurred pursuant to Section 66428.1 of the Government
Code.
  SEC. 2.  Section 8773.1 of the Business and Professions Code is
amended to read:
   8773.1.  The board shall by regulation provide and prescribe the
information which shall be necessary to be included in the corner
record and the board shall prescribe the form in which the corner
record shall be submitted and filed, and the time limits within which
the form shall be filed.  A corner record shall be a single 8.5 by
11 inch sheet which may consist of a front and back page.
  SEC. 3.  Section 8773.4 of the Business and Professions Code is
amended to read:
   8773.4.  (a) No corner record shall be filed unless the same is
signed by a licensed land surveyor or registered civil engineer and
stamped with his or her seal, or in the case of an agency of the
United States government or the State of California the certificate
may be signed by the chief of the survey party making the survey,
setting forth his or her official title.
   (b) No corner record need be filed when:
   (1) A corner record is on file and the corner is found as
described in the existing corner record.
   (2) All conditions of Section 8773 are complied with by proper
notations on a record of survey map filed in compliance with the Land
Surveyor's Act or a parcel or subdivision map, in compliance with
the Subdivision Map Act.
   (3) When the survey is a survey of a mobilehome park interior lot
as defined in Section 18210 of the Health and Safety Code, provided
that no subdivision map, official map, or record of survey has been
previously filed for the interior lot or no conversion to residential
ownership has occurred pursuant to Section 66428.1 of the Government
Code.
   This section shall not apply to maps filed prior to the effective
date of this section.
  SEC. 4.  Section 1092 of the Civil Code is amended to read:
   1092.  A grant of an estate in real property may be made in
substance as follows:

   "I, AB, grant to CD all that real property situated in (insert
name of county) County, State of California, bounded (or described)
as follows:  (here insert property description, or if the land sought
to be conveyed has a descriptive name, it may be described by the
name, as for instance, "The Norris Ranch.')


          Witness my hand this (insert day) day of (insert month),
      20__.
                                                        AB"

  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
